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Healthwise - Patient Education
License Agreement Pass-Through Terms
Healthwise, Incorporated ("Healthwise") is a nonprofit organization whose mission since 1975 has been to Help People Make Better Health Decisions. Healthwise requires agreement by You to these terms:
By Your acceptance and use of Healthwise content, You: (a) represent that Your providers have the professional judgment to use that content consistently with the needs of their individual patients and applicable standards of medical practice; (b) acknowledge that: YOU ARE SOLELY RESPONSIBLE FOR MAKING FINAL JUDGMENTS REGARDING DELIVERY OF THE HEALTHWISE CONTENT. HEALTHWISE DOES NOT GIVE MEDICAL ADVICE. Healthwise content is based on current medical literature and physician review. Healthwise content is intended to help people make better health care decisions and take greater responsibility for their own health. However, use of Healthwise content is not intended to replace the advice of a doctor; and (c) agree that You are SOLELY RESPONSIBLE, in each and every case, for the decision to use or not use HEALTHWISE content with respect to any patient and for the safeguards, or lack thereof, that YOU choose to employ with respect to the DELIVERY OF HEALTHWISE CONTENT. Without limiting the generality of the foregoing, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEXTGEN HEALTHCARE, HEALTHWISE AND ITS SUPPLIERS have and will have no liability whatsoever for any RESULT OF yOUR USE OF ANY HEALTHWISE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY INDIVIDUAL PATIENT OUTCOME.
- EXCEPT AS OTHERWISE STATED HEREIN, HEALTHWISE CONTENT IS PROVIDED ON AN "AS-IS" BASIS AND NEXTGEN HEALTHCARE, HEALTHWISE, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NEXTGEN HEALTHCARE, HEALTHWISE OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA, SUBSTITUTE SERVICES, LOSS OF PROFIT, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.
- In the course of conducting medical practice, Your healthcare professionals are free to amend, vary or supplement the content information provided by Healthwise as they see fit and at Your sole risk. You may modify the Healthwise Patient Instructions, and assume all responsibility and liability, including malpractice liability, associated with any modifications You and/or your healthcare professionals make. If any modifications are made, You will adapt the copyright statement on the Healthwise products to indicate the modification and the retained ownership by Healthwise as follows: "©Healthwise, Incorporated. Information adapted under license by [Your Organization Name]." Other than this requirement, You will not alter or delete copyright statements, disclaimers, warnings, notices, license restrictions, the Go to Web code words unless a dynamic link to the associated Healthwise Knowledgebase, any proprietary notices and/or limitations of liability provisions on or in the Healthwise content. You may add disclaimers so long as they do not conflict with or modify the Healthwise disclaimers.
- You must not allow the Licensed Product to become available on a consumer facing or public Web site.
You will indemnify and defend NextGen Healthcare, Healthwise and their respective suppliers, officers, directors and employees
("Indemnitees") and hold them each harmless from and against any causes of action, losses, liabilities, expenses (including reasonable attorney's fees) and obligations arising out of:
- Your decisions to use Healthwise content, modified or otherwise, including without limitation, Your determinations of which patients will receive Healthwise content and the type and accuracy of information that prompts delivery of the Healthwise content; or
- Misuse, unauthorized use, modification, (except as provided for by Healthwise) or inappropriate distribution of the Healthwise content by You or Your users.
- Failure to timely update the Healthwise content with quarterly updates within 30 days of such updates being available to You or within 7 days of any urgent update being available to the NextGen Healthcare.
Content from the following third party providers are included in the Licensed Product. You must agree to the following:
- National Cancer Institute Physician Data Query (PDQ®). Some material in the PDQ® is from copyrighted publications of the respective copyright claimants. Users of PDQ are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all of which are hereby incorporated by reference. Because use of the PDQ data for insurance reimbursement decisions is contrary to the nature of the database, which is designed as a research tool and not to reflect all possible treatment options, You agree to not use it for reimbursement decision purposes.
Dated: August 4, 2016